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H-1B $100,000 Entry Payment Extended Through September 2027
by Niloofar Rahimi Zadeh updated on Sep 29, 2026 05:27:13 PM
President Donald Trump has extended the H-1B entry restriction tied to a $100,000 employer payment for another 12 months. The renewed proclamation took effect at 12:01 a.m. Eastern Daylight Time on September 21, 2026, and is scheduled to remain in place until September 21, 2027, unless it is extended again. (whitehouse.gov)
The measure is especially important for employers sponsoring H-1B workers who are outside the United States or who must obtain admission through consular processing. For F-1 students transitioning from OPT or STEM OPT to H-1B status, the impact may depend on whether the petition requests an in-country change of status or requires the beneficiary to leave and reenter the United States.
What the 2026 H-1B Proclamation Does
The proclamation continues restrictions first introduced in September 2025. Under the extended policy, entry as an H-1B specialty occupation worker is restricted unless the relevant petition is accompanied or supplemented by a $100,000 payment, subject to limited national-interest exceptions.
The 2026 proclamation directs the Department of Homeland Security to restrict decisions on petitions without the payment when the beneficiary is currently outside the United States. It also requires:
- Employers to obtain and retain documentation showing that the payment was made before filing an affected petition.
- The Department of State to verify the payment during the visa process.
- DHS and the State Department to deny entry when the required employer payment has not been made.
- The restrictions to apply to people who enter or attempt to enter the United States after the proclamation’s effective date.
The proclamation specifically identifies admission through consular notification, a port of entry, preflight inspection, or preclearance as circumstances within its scope. (whitehouse.gov)
The $100,000 amount is an employer-side payment connected to an affected H-1B petition. It is not described as a fee that the individual worker independently pays to obtain a visa.
Who Is Most Directly Affected?
The extension is most directly relevant to new H-1B workers who are outside the United States and need an H-1B visa and admission to begin employment.
It may also affect beneficiaries whose employers request consular processing rather than an in-country change of status. Employers may reconsider sponsorship decisions when a case could require the additional payment, particularly for entry-level positions and recent graduates.
The proclamation allows the DHS secretary to create an exception for:
- A specific worker;
- All affected workers employed by a particular company; or
- Workers within an industry.
However, the secretary must determine that the H-1B employment is in the national interest and does not threaten U.S. security or welfare. The proclamation does not establish an automatic exemption for universities, nonprofit organizations, healthcare employers, startups, or any specific occupation. (whitehouse.gov)
What This Means for F-1 Students Moving From OPT to H-1B
F-1 students selected in the H-1B process should pay close attention to how their employer files the petition.
The proclamation’s text focuses on beneficiaries outside the United States and people who must seek admission to activate an approved H-1B petition. It does not state that every H-1B petition filed for a person already maintaining valid status inside the United States automatically requires the $100,000 payment.
This distinction could be important in two common scenarios:
Change of status inside the United States: An F-1 student maintaining valid status may have an employer file an H-1B petition requesting a change from F-1 to H-1B without leaving the country.
Consular processing: The student may need to depart, obtain an H-1B visa at a U.S. consulate, and seek admission in H-1B status. This scenario is more directly connected to the entry restriction.
Students should not assume that approval of an H-1B petition means international travel is risk-free. The petition type, effective date, visa validity, travel history, and need for admission can change how the restriction applies. Employers and beneficiaries should confirm the filing strategy before selecting consular processing or making travel plans.
The White House’s 2025 implementation FAQ stated that previously issued H-1B visas and petitions submitted before the original policy’s effective date were not affected, and that current H-1B visa holders could continue traveling. The new extension continues the underlying restrictions, but employers should monitor USCIS and State Department guidance for updated instructions covering individual filing and travel situations. (whitehouse.gov)
The Payment Is Only One Part of Broader H-1B Changes
The extension comes after DHS implemented a weighted H-1B cap selection process for the FY 2027 cap season. That final rule favors higher-paid and higher-skilled registrations while preserving some opportunity for positions at every wage level. (public-inspection.federalregister.gov)
The Department of Labor also published a separate proposal in March 2026 that would change how prevailing wage levels are calculated for H-1B, H-1B1, E-3, and certain PERM cases. That wage measure remains a proposed rule, not a final rule currently in effect. (federalregister.gov)
Together, these developments make salary level, petition processing method, and the worker’s location increasingly important in H-1B planning. F-1 students and OPT workers should discuss these issues with their sponsoring employer early rather than waiting until the petition filing or international travel stage.
Sources:
- White House Proclamation Extending the Restriction on Entry of Certain Nonimmigrant Workers
- Original 2025 White House Proclamation on Certain H-1B Workers
- White House H-1B Implementation FAQ
- DHS Final Rule on the Weighted H-1B Selection Process
- Department of Labor Proposed Rule on Prevailing Wage Protections
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